Every telegraph company which has a line of wires in this state and which is engaged in telegraphing for the public shall, during its usual business hours, receive dispatches or messages, whether from other telegraphic lines or from individuals, and, on payment or tender of the usual charge according to the regulations established by the commission, shall transmit and deliver the same with impartiality and good faith and with due diligence, under penalty of $25.00, which penalty may be recovered by action in a court having jurisdiction thereof, by either the sender of the dispatch or message or the person to whom sent or directed, whichever may first bring an action, provided that nothing in this Code section shall be construed as impairing or in any way modifying the right of any person to recover damages for any breach of contract or duty by any telegraph company; and such penalty and such damages may, if the party so elects, be recovered in the same action.